Antyppas v McKinnon [2011] NSWLEC 1191

Antyppas v McKinnon [2011] NSWLEC 1191

On the evidence, there is insufficient causal connection between the respondent's bamboo hedge and the damage to the applicants' fence and path; predominant causes are natural water flows and moisture regime. Tests under s10(2) of the Act are not satisfied and Court has no jurisdiction to make orders.

Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application dismissed
Legal Topics
['trees Disputes' 'damage to Property']
['property Law'] ['trees Disputes' 'damage to Property']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment

Legal Issues

  1. 1 ['Whether the bamboo hedge caused damage to applicant’s property including concrete path and timber fence']

Ratio Decidendi

On the evidence, there is insufficient causal connection between the respondent's bamboo hedge and the damage to the applicants' fence and path; predominant causes are natural water flows and moisture regime. Tests under s10(2) of the Act are not satisfied and Court has no jurisdiction to make orders.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' 'No orders as to costs']